Elsmere police said Michael Godawa, 21, tried to run an officer over during a DUI stop in northern Kentucky in June, prompting the officer to open fire, but his father, Don Godawa, said there's more to the story.

"I'll never forget him. I can't sleep, I can't eat," Godawa said.

Godawa said he wasn't outside the Finish Line Bar and Restaurant on June 23 to know exactly what happened the night his son died, but armed with the ambulance record, he insists his son was not fleeing when he was shot in the back.

"I will fight this until the last breath, until Jesus calls me home, because I do not think my son should have been murdered. I feel that's what we have a jail for," Godawa said.

Police said Officer David Byrd's life was in danger when he fired at Godawa.

Investigators said Byrd stopped Godawa as he left the bar on Dixie Highway on the suspicion of DUI.

A police report indicates Godawa tried to speed off, running over the patrol bike and almost hitting the officer, prompting Byrd to open fire. Seconds later, investigators said Godawa crashed into a utility pole.

"My son was a good boy. My son didn't even drink," Godawa said. "I believe he was going to get help. He knew he was shot."

"I'm told he's shot in the chest. Today the medical report, which is true, has come back (and said my son has) been shot in the back," Godawa said.

Jeffrey Mando, attorney for the Elsmere Police Department, released a statement, saying, "I am confident that the investigation will show that Michael Godawa presented a clear and present danger to the life of Officer Byrd and that his use of deadly force was justified."

"I can see him looking down saying, 'Dad, don't let him get away with it.' I want this police officer. I want his badge and gun before it happens to someone else," Godawa said.

Officials said Byrd is back on duty, while his attorney said the Godawa lawsuit contains numerous false statements.